Solicitation No. DJD-11-R-0034 1 .pdf

Solicitation Number:

DJD-11-R-0034

DJD-11-R-0034 Security Transportation of Bulk Marijuana

TABLE OF CONTENTS

Description Page Number

Synopsis/Solicitation Statement………………….…………………………………………………………3

Section I: Schedule of Supplies/Services and Price/Cost……...…………………………………………...4

Section II: Description/ Specifications/ Statement of Work………………………………………………6

Section III: Federal Acquisition Regulation (FAR) Clauses……………………………………………...20

Section IV: Additional Terms & Conditions……………………………………………………………...29

Section V: Exhibits……..…………………………………………………………………

U.S. Department of Justice Drug Enforcement Administration

The U.S. Department of Justice, Drug Enforcement Administration (DEA) intends to issue a single, Fixed-Ceiling Price Indefinite-Delivery /Indefinite-Quantity (IDIQ) contract for the secured transportation of bulk marijuana for the Houston, El Paso, and Phoenix Field Divisions.

This Request for Proposal (RFP) is being issued as a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This RFP does not commit the government to pay any cost incurred in the submission of a proposal or to award a contract for these services. It is also noted that the Contracting Officer is the only individual who may legally commit the Government to the expenditure of public funds in connection with this procurement. RFP number: DJD-11-R-0034 is issued as a cascading set-a-side preference for small businesses. The applicable NAICS code is 561612–Security Guards and Patrol Services, Size Standard $18.5 million.

The Offeror will be evaluated based on:

1. CORPORATE CAPABILITIES

2. PERSONNEL PLAN

3. EQUIPMENT AND MATERIALS PLAN

4. QUALITY CONTROL PLAN

5. PAST PERFORMANCE

6. PRICE.

This RFP document and incorporated provisions and clauses are those in effect through Federal

Acquisitions Circular FAC 2005-53 issued 07/05/2011. This announcement constitutes the only RFP;

proposals are being requested. This acquisition incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. The full text of a clause may be accessed electronically at https://www.acquisition.gov. Federal Acquisition Regulation (FAR) clauses incorporated into the RFP are: 52.212-1 Instructions to Offerors – Commercial Items (Jun 2008), 52.212-2 Evaluation

– Commercial Items (Jan 1999), 52.212-3 Offeror Representations and Certifications – Commercial Items (May 2011), 52.212-4 Contract Terms and Conditions – Commercial Items (June 2010), and 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items (May 2011). All questions regarding this RFP should be directed to Duane Smith at duane.l.smith@usdoj.gov by August 16, 2011 at 4:00 pm EST. If necessary, an amendment with answers to questions will be issued to the Offerors by August 18, 2011. The proposal must be received by August 25, 2011, at 4:00 pm EST. The proposals shall be submitted via mail. (See RFP for additional information).

I. SCHEDULE OF SUPPLIES/SERVICES AND PRICE/COST

1. Schedule BASE PERIOD: September 30, 2011-September 29, 2012

Item No. Schedule of Supplies/Services

Unit Unit Price Amount

0001 Transportation Event EA.

0002 Destruction Event EA.

Yearly Total

OPTION YEAR I: September 30, 2012-September 29, 2013

Item No. Schedule of Supplies/Services

Unit Unit Price Amount

1001 Transportation Event EA.

1002 Destruction Event EA.

OPTION YEAR II: September 30, 2013-September 29, 2014

Supplies/Services

Unit Unit Price Amount

2001 Transportation Event EA.

2002 Destruction Event EA.

OPTION YEAR III: September 30, 2014-September 29, 2015

Supplies/Services

Unit Unit Price Amount

3001 Transportation Event EA.

3002 Destruction Event EA.

OPTION YEAR IV: September 30, 2015-September 29, 2016

Supplies/Services

Unit Unit Price Amount

4001 Transportation Event EA.

4002 Destruction Event EA.

Contract

2. Ordering The Firm Ceiling Price amount of each task order will be based on the applicable Unit Price specified above that is in effect on the effective date of the task order, even if the task order is later modified for any reason and/or performance under the task order crosses into another performance period.

3. Minimum Guarantee

This is an Indefinite Delivery/Indefinite Quantity contract. The minimum guarantee under this contract is $500,000.00. The maximum value of this contract is $(to be inserted at contract award), including the base year and all option periods.

The maximum quantities listed in the Schedule of Supplies/Services of the contract represent the possible quantities that may be ordered and are not guaranteed.

II. DESCRIPTION /SPECIFICATIONS/ STATEMENT OF WORK

1. INTRODUCTION

The mission of the Drug Enforcement Administration (DEA) is to enforce the controlled substances laws and regulations of the United States and bring to the criminal and civil justice system of the U.S., or any other competent jurisdiction, those organizations and principal members of organizations involved in the growing, manufacturing, or distribution of controlled substances appearing in or destined for illicit traffic in the U.S., including organizations that use drug trafficking proceeds to finance terror; and to recommend and support enforcement-related programs aimed at reducing the availability of and demand for illicit controlled substances on the domestic and international markets.

2. BACKGROUND

The DEA’s Houston, El Paso and Phoenix Divisions seize enormous amount of marijuana each year, a large portion of which is the result of referrals from the U.S. Border Patrol. Border Patrol checkpoint referrals create a significant manpower drain in these offices. Agents drive hundreds of miles each day to pick up loads of marijuana, and then transport them back to the responsible office for processing. Most of these referral trips involve large loads of bulk drugs, requiring five to eight Agents participating in each trip and consuming an entire work day.

By obtaining these services externally by contract, Border Office Special Agents work hours can be spent in a much more productive and efficient manner, namely pursuing major drug trafficking organizations.

3. SCOPE

DEA has a requirement for contractor support services (hereinafter “Contractor”) to provide secured transportation of bulk quantities of marijuana. Except as otherwise provided herein, the Contractor shall provide all management, supervision, manpower, materials and equipment necessary to accomplish the services identified within the statement of work. The Contractor shall be required to employ personnel who are qualified to legally carry weapons and who can pass a background investigation. The work to be performed will be the secure loading, transporting, and unloading of bulk marijuana from United States Customs and Border Protection (CBP) Stations, Border Patrol (BP) Stations, DEA offices, Destruction Facilities (DF) and other future locations designated by DEA. Contractor will perform transportation events unescorted by a DEA Agent/or Task Officer Personnel, however, an escort by an identified DEA Agent/or Task Officer personnel will be required when performing destruction events.

4. DESCRIPTION OF DUTIES

4.1 LABOR

a. The Contractor shall provide fully trained, armed and outfitted persons to load and unload large amounts of pre-packed bulk marijuana (bales weigh an average of 20 to 60 pounds each) at BP Stations and law enforcement departments. The duties of the armed personnel required under this contract, henceforth called Lead Transportation Security Officers (LTSOs) and Transportation Security Officers (TSOs), are described herein. The term “Lead Transportation Security Officer” means an armed person designated in writing by the Contractor who will be the Contractor’s authorized representative for technical and administrative performance of all service required under this contract. The term Transportation Security Officers is defined as an armed person assigned to load, unload, and secure pre-packaged bulk marijuana in performance of this contract.

A team of three to six contractors shall be utilized for each transportation event, based on the size of the load.

b. The Contractor shall submit to the Contracting Officer’s Technical Representative (COTR) for review and verification, the names and all necessary documentation of fully trained and qualified personnel for the positions identified in this section or otherwise for persons (e.g., the TSOs) whom will form the regular workforce of the Contractor under this contract by the effective date of the contract.

c. The Contractor is required to simultaneously submit to the COTR for review and verification the names and all necessary documentation of fully trained and qualified personnel for the positions identified in this section or otherwise for persons who will be used in a reserve capacity (e.g., used to replace TSOs on scheduled or non-scheduled leave, or who will be available to respond to emergency situations) by the effective date of the contract.

d. The contractor shall assign a one team of 6 TSOs to the Houston and El Paso Field Divisions. The contractor shall assign three teams of 6TSOs, totaling 18 TSOs for the Phoenix Division.

Teams will range from three to six contractors based on the size of the event. The contractor shall at a minimum have a team in one of the contract geographical locations to be readily available and briefed within a 24 hour timeframe for each load.

e. The Contractor’s personnel shall possess a valid state, District of Columbia, or U.S. territorial motor vehicle operator’s license (e.g., Puerto Rico). Driver’s licenses must be carried at all times while working under this contract. The Contractor shall provide copies of its personnel’s motor vehicle operator’s licenses to the COTR of this contract thirty days after contract award.

4.2 PERMITS AND LICENSES

A. The Contractor shall, at no additional cost to DEA, obtain and maintain in effect the necessary permits and licenses required by Federal, State and/or Local Government, or subdivisions thereof, or of any other duly constituted public authority required for the performance of work under this contract. The Contractor shall possess ALL licenses required to perform services within the state of Texas, New Mexico, Arizona, Louisiana, Mississippi, Alabama and Florida. Further, the Contractor shall obey and abide by applicable laws and ordinances.

B. Prior to commencement of work under this Contract, and except where precluded by local law or ordinance, the Contractor shall make and complete all arrangements with the appropriate officials in the state or local jurisdiction in which the services are to be performed to:

1. Obtain, possess, and maintain all business and corporate licenses required to operate as a commercial security service within the entire geographic area covered under this Contract prior to performing any work under this Contract scheduled to start on September 30, 2011. The Contractor shall furnish a legible copy of all legally required licenses and permits (excluding permits and licenses issued to individual Contract employees) to the CO by the Contract start date and provide any revised licenses or permits during the Contract term.

2. Provide any official bond(s) and insurance required to the COTR. The Contractor shall pay any fees or costs involved or related to authorization for the arming of any employees engaged in providing armed guard services specified under this Contract.

3. The Contractor must obtain and ensure that all persons performing work under this contract obtain all licenses, certifications, training, national security clearances, and other required qualifications prior to the performance of work under this contract. As discussed herein, the Contractor itself and all personnel performing work under this contract are required to pass SENSITIVE clearance prior to the start of work under this contract.

4. The Contractor is required to maintain a copy of all licenses, certifications, records of training, national security clearance status (including but not limited to the date of the most recent background investigation), and documentation regarding other required qualifications of all contract personnel in positions identified herein and shall make and be authorized to make such documents and records immediately available to the Government for inspection and reproduction when requested to do so by the Contracting Officer or COTR. If making such information available to the Government requires that contract personnel exercise any sort of release (e.g., because information is protected from disclosure by law of company policy), the Contractor shall ensure that appropriate releases are executed by contract personnel. Such releases shall be maintained with the affected or associated records.

5. The Contractor shall ensure that all staff performing under the contract will maintain required licenses, certifications, training, national security clearances, and other contract qualifications at all times during the performance of work under this contract. The Contractor shall notify the COTR in writing of any lapses in these requirements or problems related to the maintenance of them and shall also advise the COTR in writing of the Contractor’s proposed or anticipated solution. Such notification shall be given to the COTR within one business day upon the Contractor’s identification of the problem.

C. The Contractor shall complete and certify a written record that shows names and issue dates for each

Contract employee having each and all legally required licenses, permits, waivers, and certifications required by the state. This written Contractor certification shall state that all legal requirements have been fulfilled prior to the commencement of any Contract work. The Contractor shall provide an updated record to the Government upon request of the CO or COTR. The Contractor shall not be reimbursed for an event, whereby services were performed by a LTSO or TSO lacking appropriate permits and certifications demonstrating the LTSO and TSO are legally permitted to perform the services.

D. The Contractor must pay all costs and fees associated with applying for, receiving, and maintaining all such permits and licenses throughout the term of the Contract. The costs associated with this requirement must be factored into the Contractor’s rate, as they will not be itemized or paid for separately by the Government.

E. Where Contract employees are required by law to individually apply for licenses and/or permits, and a fee is required by the licensing agency, the Contractor shall reimburse the employee for all costs and fees associated with obtaining the required license/permit. The costs associated with this requirement must be factored into the Contractor’s rate, as they will not be itemized or paid for separately by the Government.

F. LTSO and TSO’s shall carry their firearm license/permits (and, where legally required, their concealed weapons permits or state required waivers) on their person while on duty, unless local or state law requires the Contractor to maintain the records.

G. Failure by the Contractor to obtain all required licenses as of the Contract start date will be grounds for termination for default.

H. Failure by the Contractor to maintain valid licenses and permits will be cause for the Government to take Contractual actions, up to and including termination for default.

4.3 CONTRACTOR PERSONNEL

a. The Contractor’s personnel shall be available and able to perform under this contract Monday through Friday during standard business hours, respective of the time zone in question.

Additionally, in certain instances, work may be performed beyond standard business hours. In those instances in which the event extends beyond standard business hours, the Contractor will be notified prior to the event. During periods of assignment, the Contractor’s LTSO will coordinate task order objectives with the DEA supervisory personnel assigned to the designated DEA Office(s).

b. In the event that an individual in a position identified herein ceases to perform work under this contract (e.g., through reassignment, transfer, voluntary or involuntary separation/termination), the Contractor shall, by the next business workday assign a replacement who possesses all clearances, training, licenses, certifications, etc., required under this contract to the vacated position. The Contractor shall immediately require the return of and take possession of the departing individual’s DEA building pass, other Government issued credentials or identification, uniform patches and other indicia of association with DEA or with this contract. The Contractor shall turn these items over to the COTR within 2 business days of the individual’s departure from work under this contract.

c. The LTSO shall be the primary point of contact for the COTR, through which all Contractor work and technical direction shall flow through to Contractor staff performing under the contract, and he/she shall have the same authority to act on the Contractor’s behalf.

d. The Contractor shall provide two LTSOs: one individual to serve as the LTSO for the

Houston and El Paso Divisions, and a separate individual to serve as the LTSO for the Phoenix Division.

e. The LTSO will also maintain a Duty Log which will be kept at each DEA Office. The Duty

Log shall contain:

• All reports including custody receipts.

• Border Patrol Report of Apprehension and Seizure (Form I-44)

f. The LTSO shall verify Contract personnel present at the unloading sites at each DEA office.

The LTSO shall collect all reports, including custody receipts, at the loading site. All documentation obtained from the loading sites shall be provided to DEA. The LTSO shall not accept any bulk marijuana or assume responsibility if there is any discrepancy in the documentation or item count. The COTR shall be notified immediately as well as the DEA supervisory personnel assigned to the designated DEA Office(s).

g. The LTSO shall complete the Border Patrol Report of Apprehension and Seizure (Form I-44) and ensure that it corresponds with the bulk marijuana pick-up. This form will be turned in to the Evidence Custodian at the corresponding DEA Office with the bulk marijuana.

5. QUALIFICATIONS FOR CONTRACT PERSONNEL

1. Must be a citizen of the United States.

2. Be at least 21 years of age. While there is no limit as to the maximum age of LTSO or TSO, all employees must be able to withstand the physical demands of the job and must be capable of responding to emergencies.

3. Possess, and can provide a copy of at a minimum, either a high school diploma or a GED equivalency certificate. If the applicant is providing educational documentation from a foreign educational institute, the foreign institution must present instruction equal to the US. Department of Educational Standards. (All documents presented in a foreign language must be translated into English and notarized, a notarized original and a copy of the foreign diploma or certificate will be maintained in the applicants personnel file.)

4. Speak English fluently, read and comprehend written English, and compose coherent written reports in English. Bi-lingual security guards may be an asset to the Contractor, but not a requirement under federal law. No contractor may discriminate under Executive Order Number 11478.

5. Meet one of the following experience/education requirements:

a. Three years of security experience within the past five years; or

b. Three years of military or National Guard (active duty or reserve, reserve service must equal 3 full years of fulltime employment) experience; or

c. Successful completion of a state certified Police Officer’s Standard Training (POST) academy, a federal law enforcement academy; or

d. Any reasonable combination of the above (i.e., two years of security experience plus one year of college coursework related in the field).

6. Must be able to meet and deal tactfully with Government employees, the general public and other persons present in DEA facilities.

7. Must be able to understand, explain, interpret, and apply detailed orders, rules, regulations, instructions, training materials, and procedures.

8. Must be able to prepare clear, concise, accurate and detailed written reports.

9. Must have no previous arrests or convictions.

10. Must be able to safely carry and use a firearm.

5.1 MEDICAL AND PHYSICAL QUALIFICATIONS

5.1.1 General

A. The Contractor shall ensure all uniformed employees working under the Contract meet the medical requirements described in the following sections. The Government will not grant any waivers of the medical standards.

B. The Contractor is also responsible for ensuring that all uniformed employees are able to perform the essential functions described below, with any reasonable accommodation. If one of the Contractor's employees alleges that s/he has a disability and requires a reasonable accommodation to perform the essential functions of the job, it is the Contractor's sole responsibility to discuss reasonable accommodation with its employee and to decide what accommodation, if any, to provide at its own expense. The Contractor, not the Government, is responsible for complying with all provisions of the Americans with Disabilities Act of 1990 (ADA)-(42 USC 12101-12213) and the Rehabilitation Act of 1973 (29 USC 790-794).

5.1.2 Medical Standards

A. The Contractor shall require all of its employees, who are prospective TSO’s, to undergo a pre-employment medical/physical examination and every year thereafter. The Contractor shall ensure that all of its uniformed employees meet the medical standards set forth below. Examinations shall be administered by a licensed physician and documented on an Optional Form (OF) 178. (Ref. Exhibit 1).

B. The Contractor shall fully and accurately complete Section 4 of the OF 178 based on the medical standards and essential job functions set forth in the Contract. All employees (productive and supervisory) must meet the health certification requirements listed in the OF 178. The Contractor shall submit a completed OF 178 for each employee to the COTR prior to any Contract employee being permitted to work under the Contact.

C. If an employee of the Contractor claims that s/he has a disability that prevents him/her from meeting the medical standards or performing the essential job functions, it is the Contractor’s responsibility to obtain medical verification of the disability and to provide reasonable accommodation, if necessary, at its own expense. The COTR will review all medical documentation to ensure that it is complete and in compliance with the Contract. No TSO shall be permitted to work under the Contract (in a condition which would preclude the effective performance of all required activities set forth under the SOW) until the certificate and medical documentation has been reviewed and approved for compliance with the Contract by the COTR.

D. All Contract employees must meet the following medical standards:

1. Vision: Applicant must have binocular vision and must not test less than 20/20 (Snellen).

Corrected vision must not test less than 20/20 in one eye and 20/40 in the other eye. An applicant who has undergone a Radial Keratomy or laser correction procedure to correct his or her vision to an acceptable level will be considered medically qualified for this position. Near vision, corrected or uncorrected, must be sufficient to read Jaeger Type 2 at 14 inches. Applicant must be able to distinguish basic peripheral vision.

2. Hearing: Applicant must be able to hear the whispered voice at 15 feet with each ear.

Using an audiometer for measurement, there should be no loss of 30 or more decibels in each ear at 500, 1000, and 2000 CPA levels.

3. Speech: Individual must be able to speak clearly and distinctly. Any disease or condition that significantly interferes with the individual’s ability to speak is a disqualifying factor.

4. Cardiovascular System: Any disease or condition that interferes with cardiovascular function and the individual’s safe and efficient job performance is a disqualifying factor.

5. Chest and Respiratory System: Individual must have a healthy respiratory system.

Any disease or condition that interferes with respiratory function and the individual’s safe and efficient job performance is a disqualifying factor.

6. Gastrointestinal System: Individual must have a healthy gastrointestinal tract. Any disease or condition that interferes with gastrointestinal function and the individual’s safe and efficient job performance is a disqualifying factor. An ulcer active within the past year may also be a disqualifying factor.

7. Genitourinary System: Individual must have a healthy genitourinary system. Any disease or condition that interferes with the individual’s safe and efficient performance of the job is disqualifying.

8. Endocrine and Metabolic Systems: Any condition affecting normal hormonal or metabolic functioning and response that is likely to adversely affect the individual’s safe and efficient job performance is a disqualifying factor.

9. Musculoskeletal System: Any condition that adversely impacts on the individual’s movement, agility, flexibility, strength, dexterity, coordination, or the ability to accelerate, decelerate, or change directions, and that is likely to adversely affect the individual’s safe and efficient performance of duties, is a disqualifying factor.

10. Hematology System: Any hematological condition that is characterized as chronic has caused a hematological crisis, or adversely impacts the individual’s safe and efficient performance of duties is a disqualifying factor. Such conditions may include anemia or thrombocytopenia.

11. Neurological Systems: Any disease or condition that interferes with the individual’s central or peripheral nervous system function and that is likely to adversely affect the safe and efficient performance of duties is a disqualifying factor. Any condition with loss of motor skills, muscle strength, cognitive function, coordination, or gait; sensory loss (limb, hearing, or vision); tremor; pain; or effect on speech is a disqualifying factor.

12. Psychiatric Disorders: Any disorder that affects the individual’s judgment, cognitive function, or the safe and efficient performance of essential job functions, is a disqualifying factor.

13. Dermatology: Any disease or condition that may cause the individual to be unduly susceptible to injury or disease as a consequence of environmental exposures, including the sun, or which results in restricted functioning or movement and thereby impairs the safe and efficient performance of essential job functions is a disqualifying factor.

14. Medication: The individual’s use of medications such as narcotics, sedative hypnotics, barbiturates, amphetamines, or any drug with the potential for addiction, that is taken for extended periods of time (e.g., beyond 10 days), or is prescribed for a persistent or recurring underlying condition, is a disqualifying factor.

15. Organ transplantation and prosthetic devices: Any transplantation or prosthetic device that adversely affects the individual’s ability to safely and efficiently perform essential job functions is a disqualifying factor.

6. DRESS AND EQUIPMENT CODE

a. In order to promote easy identification for DEA personnel, other Federal Officials and the general public, all LTSOs and TSOs shall be dressed in a uniform designated by the Contractor during performance of work under this DEA contract.

b. Level 3 “A” ballistic protection vest shall be worn under the duty uniform shirt of the LTSOs and TSOs during events. Transportation Security Officers have the option of wearing the vest during all other times. The Contractor shall provide the vest to each officer and supervisor assigned to perform work under this contract.

c. The Contractor shall provide its employees with cellular telephones. Contractor shall select a cellular carrier that provides the best service/coverage in the remote areas of operation.

Additionally, DEA will provide portable radios for effective communications.

7. VEHICLE REQUIREMENTS BY CONTRACTOR

a. The Contractor shall provide six (6) unmarked vehicles, three (3) 21 foot trucks, 1 (one) 14 foot straight box truck, (2) panel vans to be used as unmarked vehicles, and (2) two 24 foot trucks for the transportation of bulk marijuana to and from DEA Offices and BP Stations:

• Four unmarked vehicles and two 21 foot trucks for the Houston Division.

• Two unmarked vehicles and one 21 foot trucks for the El Paso Division.

• One 14 foot straight box truck, two panel vans, and two 24 foot trucks for the

Phoenix Division.

b. The Contractor provided cargo /or truck(s) shall be secured with a DEA-provided seal/lock to secure the contraband on contractor’s vehicle.

c. The Contractor shall ensure that trucks are equipped with Global Positioning System (GPS) equipment.

d. The Contractor will be responsible for all fuel, maintenance, registration, licensing, insurance, or other costs associated with Contractor-provided vehicles. In addition, if a contractor’s vehicle is inoperable a replacement vehicle must be provided to avoid any disruption in the performance of this contract within a specified timeframe approved by the COTR.

e. In the event of a motor vehicle accident, the Contractor shall notify the local or State Police and the COTR immediately after the accident (i.e. as soon as the circumstances of the accident will permit the Contractor to do so).

f. The Contractor shall have in his possession a DEA accident form package. This form will be provided by the COTR after award. The Contractor shall obtain the following information about the other driver involved in the accident:

--name and address of the other driver;

--permit number, issuing state and expiration date of other driver’s license;

--name and address of the owner of the vehicle;

--make, type, year, license number and state in which the vehicle was registered;

--name of insurance company and policy number.

g. Additionally, the Contractor shall provide a list of the following information to the COTR:

-- any obvious or mentioned personal injuries to any person(s) as a result of the accident;

--damage to the other vehicle;

--damage to the Contractor-provided vehicle;

--name, badge number, precinct number of the police officer at the scene, if any, and the police report number; and --names and addresses of any witnesses to the accident and any passengers in the Contractor-provided vehicle.

h. Drivers of Contractor-provided vehicles must obey all motor vehicle traffic laws of the State(s) and/or local jurisdictions in which they operate. Traffic fines imposed on a Contractor for an offense committed while in the performance of this Contract shall be the responsibility of the Contractor. This includes fines for parking violations. Motor vehicle tickets received shall be reported to the COTR within 24 hours of receipt.

i. Pursuant to 48 CFR 1252.233-33, Contractors and subcontractors are encouraged to adopt and enforce, as a company-wide operational standard, the use of on-the-job seat belt policies and programs for their employees when operating company-owned, rented, or personally-owned vehicles.

8. WEAPONS

a. The Contractor shall provide weapons and weapons training to its personnel, as well as a bi-annual re-qualification certifications to comply with DEA’s basic firearms qualifications and also be in compliance with applicable State laws. DEA will provide basic firearms qualification criteria upon contract award. The Contractor must ensure that LTSOs and TSOs have the appropriate permits to carry weapons in the state of Texas, Arizona, New Mexico, Louisiana, Mississippi, Alabama and Florida. An individual who fails to re-qualify is no longer certified to carry a weapon and shall not be assigned to perform on this Contract until the re-qualification requirement is met according to the DEA Basic Qualification Requirements. The certification should be provided bi-annually. Firearms Qualification: LTSOs and TSOs as well as alternates shall qualify with designated and authorized firearms, and the firearms must be identical to the ones that will be used in the performance of LTSOs and TSOs duties (weapon Models listed below). NOTE: Public Law 104-208 has amended Title 18, United States Code, Sections 921, 922 and 925, making it unlawful for any person convicted of a misdemeanor crime of domestic violence to ship, transport, possess or receive firearms or ammunition. Such persons shall not be suitable to perform armed services under this contract.

b. The Contractor shall administer a test to each person proposed for a position as a LTSO or TSO in order to determine his/her pistol weapons handling proficiency. The Contractor shall furnish to the COTR a certification for those individuals (s) who have successfully demonstrated the required proficiency within 30 days of contract award. For persons proposed as replacement or additional personnel, the certification shall be provided to the COTR prior to the individual’s commencement of duties under this contract. At least one (1) week prior to the conduct of the required test, the Contractor shall notify the COTR that a test will be held. The Government reserves the right to send a representative, to be designated by the COTR, to observe the test.

Handguns shall be any of the following:

• Glock 9mm Models 17, 19, 26 and 34

• Glock .40 caliber models 22, 23, 27 and 35

• Glock .45 caliber models 31 and 30

• Sig Sauer models P220 (.45 caliber), P225, P226 (9mm and .40 caliber)

• P228, P229, P239 (9mm and .40 caliber, P245 and SP2340)

• Heckler & Koch USP 9mm .40 semi-automatic pistols

• Smith & Wesson Models 640, 649, 60 and 36

c. Shoulder weapons shall be any of the following:

Remington model 870, 12 gauge, pump-action, single barrel non-ported shotgun with a barrel length of 14 to 20 inches long and overall length not less than 26 inches. The shotgun must be equipped with either a fixed stock or a folding stock that can be extended to allow the weapon to be fired from the shoulder.

Carbines capable of semiautomatic firing of .223/5.56mm caliber ammunition.

Only the authorized weapons shall be carried on duty. LTSOs and TSOs authorized to carry shoulder weapons must have them available for immediate deployment. Authorized handguns must be worn at all times while on duty.

Copies of the permits, licenses, certificates, or similar official documents shall be provided to the COTR within 30 days of contract award or prior to the commencement of work under this contract by any subsequently required (e.g., replacement or additional) LTSO or TSO. Copies of all related bonds shall be similarly furnished.

9. SHOOTINGS:

a. Immediately following a shooting or assault incident, LTSOs and TSOs shall ensure that the following steps are taken:

1. Control any threat to the safety of persons at the scene.

2. Provide first aid, if necessary.

3. Request emergency medical assistance, if necessary.

4. Secure all firearms and other weapons.

5. Notify DEA COTR and DEA Task Monitor.

6. Secure the perimeter and protect the contents of the truck.

7. When the nature of an uncontrolled area prevents satisfying the requirements of DEA Agent’s manual, Section 6114.4 (A) (7) or (8), a designated investigating Special Agent (S/A) or other designated DEA employee will obtain detailed photographs and prepare a diagram of the scene for investigative purposes. If this is not practical due to the nature of the uncontrolled area, the investigating S/A employee must prepare a written report detailing these circumstances.

9.1 USE OF DEADLY FORCE:

There may be times in performing contract duties when contractor employees will be confronted with situations that present a danger to the individual, other people or to federal property. When this happens the contractor employee may need to exercise a degree of “force” to control the situation. It is extremely important that LTSOs and TSOs understand the different levels of force, when to use force and what level of force to use based on the situation. The Federal Law Enforcement Training Center (FLETC) created a Use of Force model that is currently being taught to all Federal Protective Service (FPS) law enforcement personnel during their basic training. FPS strongly encourages all companies to use this model as a training guideline for all potential security guards during their training. Ultimately, as a security guard, you will be responsible for determining when and how much force is necessary. A copy of the Use of Force model is incorporated into this solicitation, contained in Exhibit 2. Report any use of force immediately to the DEA. Because the document is intended for law enforcement personnel, many of the examples given refer to arrest procedures. TSO’s do not make arrests. However, the principles outlined in the model still apply. TSOs should remember, Offeror’s first reaction to a situation is to get it under control. If use of force is necessary, TSOs are expected to use the minimum level of force necessary. TSOS must rely on Offeror’s training, experience and judgment to determine the best course of action, keeping in mind that the safety of life and property is Offeror’s first priority. If unable to contact the DEA prior to taking action, report the situation as soon as able to do so.

10. QUALITY CONTROL PLAN

A. The Contractor shall provide a detailed Quality Control Plan with their proposal submittal. The plan will be incorporated into the contract at the time of Contract award. The Contractor’s Quality Control Plan shall include, but not be limited to, the following areas:

1. Identification of the designated Quality Control Monitor(s) evidence of their qualifications and responsibilities.

2. A description of the type, level, and frequency of inspections performed by the Contractor’s

Quality Control Monitors. Inspections shall be conducted by the Quality Control Monitor in accordance with the Quality Control Plan and as frequently as necessary to ensure effective performance by the Contractor. While the Contractor may perform more inspections than are required in the Quality Control Plan, in no event shall the Contractor perform fewer inspections than required by that Plan. Quality Control Inspection Check Lists which include, as a minimum, checks of: equipment, uniform and appearance; attendance; sign in/out procedures; knowledge of and adherence to DEA’s requirements and operating procedures (as it relates to this solicitation);

possession of certification and company identification card(s); possession of required licenses, permits (and state required waivers when applicable); current firearms qualifications; and overall contract performance.

3. A description of the Contractor’s employee reward/incentive program and the Contractor’s disciplinary procedures, used when the Contractor’s Quality Control Monitors.

4. Under no circumstances shall individuals appointed as Quality Control Monitors serve as uniformed employees working under this Contract, nor shall they be armed in the performance of their duties.

B. Quality Control Inspection Reports shall be prepared by Quality Control Monitors and remain on file with the Contractor for all inspections made during the entire Contract period. The Contractor shall make those reports available to the CO or COTR upon request.

C. The Contractor shall brief the COTR of any problems or deficiencies noted during an inspection and shall inform the COTR of all actions taken or planned to resolve the problem. If the Contractor’s performance indicates that additional quality control measures are needed, the CO and COTR will meet either in person or via telephonic conference with the Contractor to discuss the Contractor’s performance, Quality Control Plan, and any other areas of concern. Through the CO, the COTR may request that the Contractor take additional steps to improve both the overall performance of the Contract and adherence to their Quality Control Plan.

D. The Government shall consider the Contractor’s adherence to their stated Quality Control Plan during annual performance evaluations. Failure by the Contractor to adhere to their stated Quality Control Plan may result in Contractual actions being taken by the Government to correct such deficiencies.

11. REQUEST FOR SERVICES UNDER THE CONTRACT TO BE ISSUED VIA TASK

ORDERS

(a). The Contractor will receive notification from DEA personnel when services will be required. The Contractor shall report to the specified DEA office or border patrol location and receive a briefing on the required activities. The Contractor shall have the minimum number of personnel and vehicles as specified in the written notice/task order assembled prior to the briefing. The Contractor’s personnel shall travel to one or more sites identified in the Place of Performance clause, load bulk marijuana, and return to a DEA office or the DF, as specified in the written notice/task order.

(b) DEA will provide a point of contact at one or more of the specified pickup locations. The Contractor’s vehicle(s) to be used for each pickup shall be identified by license’s plate number and exterior description. Contractor shall provide this information via telephone/or email to the point of contact at the location (Border Patrol or DEA office) prior to bulk marijuana pick-up prior to transportation.

The Contractor shall also appoint a LTSO of its personnel who is responsible for the coordination of planning, loading, accountability, chain of custody, security, transportation, vehicle unloading, and documentation. Contractor shall identify it’s LTSO to the point of contact at the location for the bulk marijuana pick-up prior to transportation.

(c) At the loading site, the Contractor’s LTSO shall be strictly held to an established transfer process to maintain evidentiary chain of custody. The Contractor’s LTSO shall collect all reports, including custody receipts, at the loading site. The Contractor’s LTSO shall not accept any bulk marijuana or assume responsibility if there is any discrepancy in the documentation or item count. Border Patrol Report of

Apprehension and Seizure (Form I-44) is to correspond with the bulk marijuana pick-up. The LTSO shall sign the Border Patrol evidence logbook documenting the pickup of the bulk marijuana. The Contractor’s LTSO shall sign a DEA-12 (Receipt for Cash or Other Items), which will be provided by the government’s point of contact, when receiving bulk marijuana from a DEA facility.

When the bulk marijuana is the result of an “investigation” and is not an “abandoned load,” the Contractor shall ensure that the investigative bulk marijuana exhibit(s) are segregated. The Contractor’s LTSO may be required to testify as a fact witness, as to the chain of custody of an exhibit(s) of bulk marijuana for the prosecution. When a bulk marijuana event is part of an investigation and prosecution, a DEA Special Agent, DEA Task Force Officer, and/or Border Patrol Agent assigned to DEA will be present and in actual control of the bulk marijuana for chain of custody purposes. DEA personnel may accompany the Contractor in these situations and will maintain custody of all bulk marijuana of evidentiary value.

(d). When the Contractor’s personnel transports bulk marijuana to a DEA office and are required to travel to a second pick-up site, the LTSO shall use the process stated above. Upon returning to the DEA office (office determined by location of seizure or pick up), the LTSO shall record with DEA the identity of Contract personnel present at the unloading DEA office. All documentation obtained from the loading sites shall be provided to DEA. The Contractor’s personnel shall be released only when the bulk marijuana is secured at the DEA office and all documentation is obtained and verified.

(e). When the Contractor is required to load, transport, and unload at the DF, the Contractor’s personnel shall report to the DEA office and receive a briefing for the day’s activities. When the Contractor travels to the DF, one DEA Special Agent will accompany the Contractor’s personnel and one additional DEA witness (or officer of another law enforcement agency). DEA will maintain custody of the bulk marijuana until its destruction at the DF. The Contractor’s personnel shall load, provide mobile security, remove outer wrappings from bulk marijuana, unload and provide perimeter security at the DF. The DEA Representative will obtain a list of the Contractor’s personnel present and release the Contractor’s personnel when the destruction is completed. A DEA Representative will certify the destruction of the bulk marijuana by the DF.

12. INSURANCE REQUIREMENTS TO BE PROVIDED BY THE CONTRACTOR

• Workers compensation in the amount to satisfy applicable state law

• Employers liability

• Comprehensive general liability

13. LAUTENBERG AMENDMENT STATEMENT

Because the Contractor’s personnel shall be authorized to carry weapons in the performance of this Contract, they shall submit a signed and dated “Domestic Violence” certification that satisfies the legal requirements of the Lautenberg Amendment, 18 USC 922 (G)(8) and (9). The certification is valid for one (1) year and shall be recertified and resubmitted annually. The Contractor shall maintain a file of its personnel’s certifications and provide the COTR with a signed statement certifying compliance, upon completion of DEA background investigation, with this requirement. If at any time one of the Contractor’s personnel has a disqualifying event under the Lautenberg Amendment, the Contractor shall notify the COTR and immediately remove the individual from performing on this Contract. The

Contractor shall then submit a new certification to the COTR stating that all of its personnel are in compliance with the Lautenberg Amendment.

14. DEFINITIONS

BP Stations – any and all fixed BP Stations and BP Checkpoint locations in Texas, New Mexico and Arizona.

DEA Offices – any and all DEA offices in Texas, New Mexico and Arizona.

DF – Destruction Facilities

Transportation Event – A route set up by the DEA Task Monitor assigned to each DEA Office for the unescorted pick up of bulk marijuana from one or more locations and return to the designated DEA facility or point of destruction.

Destruction Event- The transportation of bulk marijuana, to be escorted by DEA personnel, to the final destination or incinerator where marijuana is to be destroyed.

III. FEDERAL ACQUISITION REGULATION (FAR) CLAUSES

1. 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items. (MAY 2011) Alternate I (FEB 2000)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(End of provision)

[Contracting Officer check as appropriate.]

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2010) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Jul 2010) (Pub. L. 111-5).

_X_ (6) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (DEC 2010) (31 U.S.C. 6101 note). (Applies to contracts over $30,000). (Not applicable to subcontracts for the acquisition of commercially available off-the-shelf items).

X (7) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

__ (8) 52.219-3, Notice of Total HUBZone Set-Aside or Sole-Source Award (Jan 2011) (15 U.S.C. 657a).

__ (9) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (10) [Reserved] _X_ (11)(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-6.

__ (iii) Alternate II (Mar 2004) of 52.219-6.

__ (12)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

_X_ (13) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)).

__ (14)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Oct 2001) of 52.219-9.

_X_ (iii) Alternate II (Oct 2001) of 52.219-9.

__ (iv) Alternate III (Jul 2010) of 52.219-9.

_X_ (15) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)).

__ (16) 52.219-16,…